An examination of arguments over the Ainu Policy Promotion Act of Japan based on the UN Declaration on the Rights of Indigenous Peoples

Abstract

ABSTRACT In 2019, Japan enacted the Ainu Policy Promotion Act (the Act), which recognises the Ainu as an indigenous people. It has been criticised because it does not recognise any of the indigenous rights stipulated in the UN Declaration on the Rights of Indigenous Peoples (the UN Declaration). However, those involved in drafting the Act, including Professor Tsunemoto, have tried to justify this non-reference by relying on the UN Declaration itself. This article seeks to analyse the arguments over the Act from the perspective of the UN Declaration. By examining the UN Declaration and previous studies, this article will indicate that the UN Declaration prohibits governments from denying indigenous peoples’ rights by relying on it. On the other hand, Tsunemoto rightly pointed out two challenges that must be overcome to realise Ainu people’s rights: the lack of a nationwide representative organisation and the lack of public understanding of the Ainu. This article will conclude various local Ainu groups could be regarded as holders of collective rights until the Ainu establish a common representative organisation. This article will also urge national and local governments to deepen the public understanding of the Ainu as required by the Act and the UN Declaration.